TUPE and Custom and Practice

ladiorange

I have been working at a company for 7 years. I was TUPE'd 2 years ago and got an additional 7 days holiday which does not appear as part of my contact. I am now being TUPE'd over again to another company who says that they will not honour this 7 days as it is not part of my contact. Am I protected under Custom and Practice. How should I take this further?

(The 7 days are 2 "Company days" which can be taken at any time. the 4-5 days are the Christmas holidays which I haven't had to work for the past 2 years)

HR are coming to speak to us tomorrow so I'd be grateful for any advice you can give me.

Many thanks

Liz_the_Whizz

hi ladiorange,

Presumably you are not the only person who was entitled to these extra days? Speak to others (especially those who were in the company when you were TUPE'd in) as this could help to demonstrate established custom and practice.

Are there any trade unions involved who can take up a collective case?

Of course, TUPE can be swings and roundabouts - are they offering an overall package which is more attractive?

Hopefully the meeting with HR should provide an opportunity to find out more and ask questions.

Good luck!